G/TBT/N/USA/2072  
1 December 2023  
(23-8176) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of 
Transportation (DOT) [2103]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to h andle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Energetic 
materials; Fireworks (HS code(s): 360410); Bombs, grenades, torpedos, mines, missiles, 
cartridges and other ammunition and projectiles and parts thereof, incl. buckshot, shot 
and cartridge wads, n.e.s. (HS code(s): 9306); Explosion protection (IC S code(s): 
13.230); Explosives. Pyrotechnics and fireworks (ICS code(s): 71.100.30)  
5. Title, number of pages and language(s) of the notified document:  Hazardous 
Materials: Streamlining Requirements for the Approval of Certain Energetic Materials; (17 
page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - PHMSA proposes to amend the 
Hazardous Materials Regulations to revise the classification and approval process for 
certain low -hazard fireworks; to revise classification criteria for small arms cartridges to 
include tracer ammunition; to include the PHMSA portal as the method to submit 
applications for all explosives approvals; and to allow for voluntary termination of an 
explosive approval by the approval holder.  
7. Objective and  rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/2072  
 
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  8. Relevant documents:   
88 Federal Register (FR) 83514, 30 November 2023; Title 49  Code of Federal Regulations 
(CFR) Parts 107, 171, and 173:: 
https://www.govinfo.gov/content/ pkg/FR -2023-11-30/html/2023 -25887.htm  
https://www.govinfo.gov/content/pkg/FR -2023-11-30/pdf/2023 -25887.pdf  
This notice of proposed rulemaking is identified by Docket Number PHMSA -2020-0103. 
The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/PHMSA -2020-0103/document  and provides access 
to primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders by 4pm Eastern Time  on 28 February 2024 will be shared with the regulator 
and will also be submitted to the Docket  on Regulations.gov if received within the 
comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  28 February 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/U SA/23_13921_00_e.pdf